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R-03-06-26-11G3 - 6/26/2003WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of fencing material and shade cloths for the baseball fields at Old Settlers Park at Palm Valley, and WHEREAS, Allied Fence Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Allied Fence Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Allied Fence Company is hereby accepted as the lowest responsible bid and the City Manager is hereby authorized and directed to issue a purchase order to Allied Fence Company for the purchase of fencing material and shade cloths for the baseball fields at Old Settlers Park at Palm Valley. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 20 T ST: ,1 1_�i ii ! . in CHRISTINE R. MARTINEZ, ® PFroesktop\:: O➢ MP/ wORLDO X /G: /NDD % /RE80LUTI /R30626GJ .XPD /sc RESOLUTION NO. R- 03- 06- 26 -11G3 City Secr a .44/A_ 1 NY , :, ,:. WE ayor Cit `f Round Rock, Texas BID TAB BID NUMBER: 03-012 BID OPENING: 6/17/2003 3:pm BALLFIELD FENCING VENDOR ALLIED FENCE CO TOTAL: 565,838.00 VENDOR VIKING FENCE TOTAL: $84282.00 VENDOR TOTAL: 50.00 (VENDOR TOTAL: $0.00 ITEM N DESCRIPTION QTY Unit $ Extended Unit $ Extended Unit $ 'Extended Unit $ Extended 1 SUNSCREEN - GIRLS-4 & 5 RRYBB - 14, 15, 16, AND 17 6 $750.0 $4,500.00 61882.50 $11,295.00 I___ 0 1 Of 2 OSE -N0.1, REPLACE BACKSTOP W/ OVERHANG 1 $3.533.001 3533 53,820.001 53,820.00 0 1 0J 3 OSE NO. 2 - BACKSTOP, 1ST & 3R0 BASE 1 58,289.001 8289 53,700.001 $3,700.00 _1 0 1 OJ 4 OSE NO 7- INSTALL OVERHANG, SIDELIN & OUTFIELD FENCE AND REPLACE GATE 1 100521 10052 512.200.001 512,200.00 _____ ____L 0 1 01 5 RRYBB NO 12 - REPLACE FENCE SIDELINE 1 34581 3456 63,225.001 53,225.00 J. 0 1 0] 6 RRYBB NO 13 REPLACE FENCE SIDELINE 1 33051 3305 93,190.001 $3,190.00 _________1 0 1 01 7 RRYBB NO. 9 REPLACE FENCE 1 & 3 1 33991 3399 53,200.001 $3,200.00 L 0 1 OJ 8 GIRLS NO. 1, RPLACE ALL FENCE EXCEPT OVERHANG 1 _ 97631 9768 $14,480.001 $14,480.00 1 0 1 0 II 9 GIRLS NO. 2, RPLACE ALL FENCE EXCEPT OVERHANG 1 97631 9768 514,600.001 $14,600.00 0 1 OJ 1 0 GIRLS NO 3, REPLCE FENCE EXCEPT OVE HANG; MOVE GATE TO RIGHT FIELD CORN 1 33891_ 9768 514,572.001 $14,572.00 1 0 1 0 ! 11 GIRLS NO. 4, 1 & 3 BASELINE 1 33891 3389 54,250.001 $4,250.00 1 0 1 01 12 GIRLS NO 5, 1 & 3 BASELINE 1 33891 3389 54275.001 $4,275.00 1 0 1 01 Item #11 and 12 will not be awarded, as these items are lowest priority and would put the Droiect over budoet. ismmder - !tees to com [ 1 wan all COmmniOns set Toro[ oelow isms uu 0Hi [uvula's a[u's w uua [so. ITEM CLASS & ITEM DESCRIPTION m 888 -16 OTY UNIT MAKE/MODEL UNIT PRICE EXTENSION Best Bid Evaluation: All bids received shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following criteria: Bid price, Delivery, Reputation of the bidder and Bidder's past relationship wiClty. SITE VISIT: OSVP PARK, GIRLS SOFTBALL FIELDS LOCATION: 3200 PALM VALLEY, NORTHEAST OF COMPLEX ROUND ROCK, TX DATE: 6-10-03 TIME: 9:00 AM CONTACT: MAGGIE STOECKLEIN - (512) 341-3346 OR 801 -4541 All items below shall be bld In accordance with Specification No. 03-988-15, dated 5/03 (9 pgs) attached. 1 Sunscreen Frames Note: Two frames shall be required per each field. 6 fields Girls Softball - Fields 4 and 5 RRYBB - Fields 14, 15, 16 and 17 2 OSE Field No. 1 - replace backstop material and add over hang 1 ea (posts as necessary). 3 OSE Field No. 2 - replace backstop material and replace 1st and 1 lot 3rd base sideline fence (posts as necessary). 4 RRYBB - Field No. 7 - replace 1st and 3rd base sideline fence 1 lot (post as necessary). s RRYBB - Field No. 12 - replace fence sideline and outfield 1 lot (post as necessary) 6 RRYBB - Field No. 13 - replace fence sideline and outfield 1 lot (post as necessary). 7 RRYBB - Field No. 9 - replace fence 1st and 3rd base sideline 1 lot (post as necessary). BIOS ARE OUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME INVOICE TO: City of Round Rock Finance Department 221 East Main Street Round Rock, Texas 78664 -5299 BID F.O.B. DESTINATION. FREIGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW DESTINATION City of Round Rock Old Setters Park 3200 Palm VaHey Round Rock, TX 78664 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 79864.5299 FACIMILE RESPONSES SHALL NOT SE ACCEPTED SHOW SID OPENING DATE DID NUN8ER IN LOWER LEFT HAND CORNER OF SEALED END ENVELOPES SHOW RETURN ADDRESS Of DIDOING SRN. BIDDING INFORMATI. BID NUMBER 03-012 OPENING DATE: 6/17/2003 at 3:90 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID Authoried Signature Print Name 01 00ER SHALL SION BELOW Failure to sign bid will disqualify bid BALLFIELO FENCING DATE: 5/28/2003 1 012 Date SEE 1.6 ON BACK FOR INSTRUCTIONS: TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: ITEMS BELOW APPLY7O AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unfit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See Instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors In extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. Discount from Lisr bids are not acceptance unless requested. C ash discount i not be considered in determining the low bid. All cash discounts offered wilt be taken if earned. 1,7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority 10 bind signatories fun in a contract. Finn name should appear on each page in the block provided in the upper right corner. Business Entity shall be one (1) of the following: Individual. Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental,. Non - profit, all others shall be specified. INDIVIDUAL List name and number as shown on Social Secorily Card, SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening lime. Any Alterations made before opening time shall be Initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based On a written acceptable reason. 1.9 The City is exempt from Slate Sales Tax and Federal Excise Tax Do not include lax in bid. 1.10 The City reserves the right to accept or reject all or any pan of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and /or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non- responsive 2. SPECIFICATION: 2.1 My catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a pan of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB. 22 All items bid shall be new, in fast lass condition, including containers suitable for shipment and storage. unless otherwise indicated In IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed m examination, they will be returned to the bidder, on request. at bidder expense. Each example should be madced with bidders' name and address, City bid number and code. Do not enclose In or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 25 Manufacturers standard warranty shall apply unless otherwise slated in the IFB. 3. TIE BIDS In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material In City's designated location under normal coalitions. Failure to state deliver time obligates bidder to complete delivery in founeen (14) calendar clays. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid fist. (See 4.2 following.) 4.2 If delay is foreseen. contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order, Default In promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cast and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified In the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to one cadent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fall to meet or exceed all conditions and requirements of the specifications. the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods which have been delivered and rejected in whole or in pad may. at the City's option, be relumed to the Vendor Or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB Is an offer to contract with the City based upon the temps, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract stall be governed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shalt submit three (3) copies of an invoice showing the purchase order number on at copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to pr0led the City from claims Involving infringements of patents or copyrights. 9. VENDOR ASSIGHNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the Stale of Texas. Tx, Bus. And Comm. Code Mn. Sec. 15.01, et seq. (1987). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid fists. By signature hereon affixed, the bidder hereby certifies that 102 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the fret, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this Stale codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indiredty the bid made to any competitor, or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result In disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain at the terms and conditions of its formal IFB; in particular, all bi4ders affirmations and certifications must be Included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number. codes, and opening date. ITEM # CLASS & ITEM DESCRIPTION QTY UNIT MAKFJMODEL UNIT PRICE EXTENSION 8 Girl Softball, Field No. 1 - replace all fence, except overhangs 1 lot 9 Girl Softball, Field No. 2 - replace all fence, except overhangs 1 lot to Girl Softball, Field No. 3 - replace all fence, except overhangs and move existing gate from left field comer to right field corner. 1 lot 1 t Girl Softball, Field No. 4 - 1st and 3rd base sideline fence 1 lot (post as necessary) 12 Girl Softball, Field No. 5 - 1st and 3rd base sideline fence 1 lot (post as necessary) References: Name Phone Name Phone Name Phone NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. GRAND TOTAL. DELIVERY IN By the gnature hereon affixed, the bidder Iw,reby certifies that netther the bidder nor the entity represented by the bidder, o anyone acting for uch ¢miry ha violated the antitrust laws of gtis Stale, codified in Section 15.01 et sea., Texas Business and Commerce Code, or the Federal 30/03081 laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business." BALLFIELD FENCING DATE: 6/28/2003 2 oft DAYS CITY OF ROUND ROCK BALLFIELD FENCING AND REPAIR PART 1 GENERAL CLAUSES AND CONDITIONS Page 1 of 9 SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 1. PURPOSE: The City seeks to contract with a qualified bidder to provide at goods and labor to install and/or repair chain -link type ball fields, backstops, warm -up pens and metal sunscreen frames over existing bleacher pads at City owned facilities identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City - Identifies the City of Round Rock, Williamson County, Texas. 2.3. Contract - A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor -A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and /or services to a Contractor if such goods, equipment, labor, and /or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks City of Round Rock Telephone: 512- 218 -5457 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Agent. 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and /or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 6. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits. certificates and /or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 7. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re- advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 8. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 9. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid /Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 9.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 9.2. The following standard insurance policies shall be required: 9.2.1. General Liability Policy Page 2 of 9 Page 3 of 9 SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 9.2.2. Automobile Liability Policy 9.2.3. Worker's Compensation Policy 9.3. The following general requirements are applicable to all policies: 9.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 9.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 9.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 93.4. Upon request, certified copies of all insurance policies shall be furnished to the City 9.3.5. Policies shall include, but not limited to, the following minimum limits: 93.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 9.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 93.8. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 93.9. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 93.10. Coverage shall be maintained for two years minimum after the termination of the Contract. 9.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 9.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions 9.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 9.5.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear) as to all applicable coverage. 9.53. Provide thirty days notice to the City of cancellation, non - renewal, or material changes 9.5.4. Remove all language on the certificate of insurance indicating: 9.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 9.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 9.5.5. Provide for notice to the City at the addresses listed below by registered mail: 9.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 9.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 9.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 9.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 9.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 -5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 9.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 9.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 10. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entiWs employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR's /person's work on the project has been completed and accepted by the OWNER. Persons providing services on the project (`subcontractor') in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity, which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and Ring of any coverage agreements, that meets the statutory requirements of Page 4 of 9 SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; B. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 1) a certificate of coverage, prior to the other person beginning work on the project; and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project Page 5 of 9 SPECIFICATION NO 03- 988 -15 DATE: MAY 2003 E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and G. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G), with the certificates of coverage to be provided to the person for whom they are providing services. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 11. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 12. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 13. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 14. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664 -5299 15. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 15.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or Page 6 of 9 PART II SPECIFICATIONS Page 7 of 9 SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 15.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 15.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 15.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 16. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. 1. SCOPE: This specification describes the installation and /or repair of chain -link type ballfield fencing. to include but not limited to sunscreen frames over bleacher pads, backstops, dugouts, warm -up pens and field fences. This project shall meet or exceed all requirements herein and as mutually agreed between the Contractor and City 2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the type of fencing and minimum requirements for materials used in construction and repair. Materials not otherwise specified shall be the sole responsibility of the Contractor to ensure they or of equal or greater quality for durability and compatibility. 3. SITE VISIT: A site inspection is strongly suggested to fully acquaint bidders with the site conditions, as they exist for full comprehension of the facilities, difficulties and /or restrictions attending the proposed work. All site visits will be noted on the face of the IFB. 4. PROJECT ADMINISTRATOR: All work performed under the contract will be supervised and verified by the Parks Manager's designee noted below. MAGGIE STOECKLEIN — (512) 341 -3346 or (512) 801 -4541 5. INSTALLATION: All fencing in any configuration shall be installed as recommended by the manufacturer for the intended application. 6. BACKSTOP: Dimensions and location shall be identified on IFB. Material listed is minimums: 6.1. 6 gauge standard chain link 6.2. 3 -inch, schedule 40 posts 63. 1 -5/8 inches, schedule 40 top rail 6.4. 4 -foot hood /overhang on top 7. SUNSCREEN FRAME: Frame shall be constructed as an integral part of the backstop and over the concrete bleacher pad. 7.1. Constructed with a minimum of three 2 -1/2 inches, schedule 40 posts, not to exceed 12 feet height, secured to pad with bolts or concrete. 7.2. Post shall be positioned 18 inches from the edge of sidewalk. SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 7.3. Top rails shall be 1 -5/8 inch, schedule 40, which shall be welded to the support rail of backstop or as recommended by Contractor for best construction. 8. FIELD: Field fencing shall define the first six feet (minimum height) beginning at ground level of the chain link that frames the sidelines and outfield as well as other areas specified. Field fencing shall: 8.1. Be chain -link type, minimum 6 gauge. 8.2. Be constructed with 3 inch, schedule 40, corner and end posts. All posts in between shall be 2 -1/2 inch schedule 40 posts. 8.3. Have a minimum 1 -5/8 inch, schedule 40 top rail for support. 9. WARMUP PEN: All material listed are minimums. Actual dimensions and location shall be identified on the IFB. 9.1. 3 -inch, schedule 40 corner posts. 9.2. 2 -1/2 inches, schedule 40 line posts. 9.3. 1 -5/8 inch, schedule 40 top rail. 9.4. 6 gauge chain link 10. CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for: 10.1. Coordinating with the City's project administrator to establish best work schedule, discuss any changes and /or delays with the project completion. 10.2. Providing all labor, material and equipment necessary to perform the installation. 10.3. Removing and disposal of existing material when identified in the IFB 10.4. Coordinate with the City on inspection points of work performed. 10.5. Clearing the work site of all debris and trash accumulated or created as a result of the project. 11. CITY RESPONSIBILITIES: The Parks and Recreation Department representative shall: 11.1. Coordinate with utility service provider to locate, install and /or relocate service. 11.2. Be responsible for all City amenities /property that might need to be removed for renovations. 12. CLEANING REQUIREMENTS: The Contractor shall remove all containers, surplus materials and debris leaving the site in a clean and orderly condition daily. 12.1. Any damage caused by the Contractor to existing surrounding structures or improvements shall be repaired at the Contractor's expense. 13. SITE RESRICTIONS 13.1. Parking: Contractor shall have its employee's vehicles and company vehicles park in a designated area. This area will be determined at the beginning of any work. 13.2. City Equipment: The Contractor shall not use any City owned equipment for use in its operation. 14. WARRANTY: The Contractor shall warrant against defects in material and workmanship for a period of one year from the date of acceptance by the City or the manufacturer's warranty, Page 8 of 9 PART 11I ACCEPTANCE AND PAYMENT Paae9of9 SPECIFICATION NO. 03- 988 -15 DATE: MAY 2003 whichever is longer. The Contractor shall replace all defective work or material at no cost to the City during the warranty period. 15. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the best value from information submitted with the bid. All bidders shall furnish and/or verify the following information at a minimum: 15.1. Be individuals, firms, corporations, or any other entity regularly engaged in the business of selling and installing fencing, with considerable experience in design and installation of sport fields. 15.2. References: Provide the name, address, telephone number and point of contract of at feast three firms for which the bidder has preformed similar service within the past two years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 15.3. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City retains the right to approve or disapprove all subcontractors prior to any work being performed. 1. DELIVERY REQUIREMENTS: Delivery of the equipment, goods and services shall be completed within the number of days bid. 2. ACCEPTANCE INSPECTION: All projects shall be subject to acceptance inspection and performance testing. Acceptance inspection and performance testing will not take more than five (5) working days, weather permitting. The vendor will be notified within this time frame of any work not in full compliance with the purchase order specification. If any projects are canceled for non - acceptance, the needed work may be purchased elsewhere and the vendor may be charged full increase, if any, in material and labor. VO /1V /LVVJ I /:1Z rAA OIZZ.JiUZ3 Vendor ACKNOWLEDGED CURB PURCIHASING ?• 4 INVITATION FOR BID ADDENDUM PURCHASING OFFICE CITY OF ROUND ROCK, TEXAS IFB No. 03 -012 Addendum No. 1 Date of Addendum: June 10. 2003 The following items in the IFB identified above have been changed: U o 01 1. Add paragraph 5.1 to Part II, Specification, pg 7 or 9. The paragraph shall read as follows: The City will retain all reusable top rail (1 -518" with no damage). The Contractor shall place all reusable top rail In a designated area defined by City's representative. 2. Paragraph 6.4 of Part II of the Specifications (pg 7 of 9) has been changed to read: 4 - foot hood/overhang on top shall be constructed of 9 gauge chain - link at minimum. 3. Paragraph 8., Part II of the Specifications (pg 8 of 9) has been changed to include: Sideline fence shall include, unless otherwise stated on the IFB, all field -side fencing beginning at the point where the backstop ends. 4. Paragraph 8.1, Part II of the Specifications (pg 8 of 9) has been changed to read: 9 gauge chain - link, minimum. 5. Paragraph 9.4, Part II of the Specifications (pg 8 of 9) has been changed to read: Field fencing shall be chain -link type, minimum 9 gauge. 6. Replace original bid pages with the attached revised bid pages (3 pgs). All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below, Addendum No 1 is hereby incorporated into and made a part of the above referenced IFB. Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID. 91000 ITEMa roes 10comp! mill __ ,.o. ueriunr . CLAS58ITEM DESCRIPTION see -15 OTY UNIT MAKE/MODEL .. unit PRICE .. ... . EXTENSION REVISED REVISED REVISED Bast Old Evaluation: All bids received shall be evaluated based on the best value for the City, which Will be determined by considering all or part of the following criteria' Bid price. Delivery. Reputation of the bidder and Bidders past relationship w /City. SITE VISIT: OSVP PARK, GIRLS SOFTBALL FIELDS LOCATION: 3200 PALM VALLEY, NORTHEAST OF COMPLEX ROUND ROCK TX DATE: 6 -10-03 TIME 9:00 AM CONTACT: MAGGIE STOOCKLEIN - (512) 341 -3346 OR 801.4541 All items below Shall be bid In accordance with Specification No 03-908-15, dated 5103 (9 pgs) attached. 1 Sunscreen Frames Note: Two frames shall be required per each field. 6 fields Gins Softball • Fields 4 and 5 RRYBB - Fields 14, 15, 16 and 17 2 050 Field Na 1 - replace backstop material end add over hang 1 ea (posts as neressary). 3 OSE Field No. 2 - replace backstop material and replace lst and 1 lot 3rd base sideline fence (posts as necessary). a RRYBB - Field No. 7 - Install overhang and replace fence sideline and outfield including gate. Gale shall be 2 minimum 12 foot wide. 1 lot 5 RRYBB - Field No. 12 - replace fence sideline and outfield to 6 ft 1 lot 6 RRYBB - Field No. 13 - replace fence Sideline and outfield to 6 ft 1 lot 7 RRYBB - Field No. 9 - replace fence 1st and 3rd base sideline tD 6 ft 1 lot 06/10/2003 17:12 FAX 5122187028 CORR PURCHASING BIDS ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE BID OPENING TIME INVOICE TO; City of Round Rock Finance Department 221 East Main Street Round Rock, Texas 78664 -6299 BID 0.0,9. DESTINATION, FREIGHT PREPAID AND ALLOWED UNLESS OTHERNESS SPECIFIED BELOW DESTINATION City of Round Rack Old Sealers Park 3200 Palm Valley Round Rods, TX 78664 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 70664-5299 FACIIALE RESPONSES SHALL NOT BE ACCEPTED SLOW NO OPENING ERIE OIO NOMEER IN LOWER LEFT HAND CORNER OF SEALED BID ENVELOPS a SNOW RETURN AODSESS OP GIDDIES FIRM, T AX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE 50.: BUSINESS ENTITY TYPE: 0002 BALLFIELD FENCING GATE: 6/10/2003 1 Of 2 BIDDING INFORMATI- BID NUMBER 03-012 OPENING DATE; 6/17/2003 at 3:10 P.M. BID LOCATION: 221 E. Main Street, 1st Floor Council Chambers, Round Rock, TX 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID AUthOrled Signature Print Name BIDDER SHALL SIGN BEL0T1 Failure w skin hN will disqualify bid 9E1311 ON SAOIL FOR INSTRUCTIONS: Date 52.11,..X ITEM a '"...L.1...,, SH.:1.1. 4Ao 3 Dot 3 .....0.3PaEows „,:‘,...i,„: •ff...T 000lt10U2?Y.P#i.z.' "i1 CLASS b ITEM DESCRIPTION W& oTY d„ UNIT MAKE /MODEL UNIT PRICE ' 'sa9,,�v".X if - :s..de a,': EXTENSION a Girl Softball, Field No. 1 - replace all fence, except overhangs 1 lot e Girl Softball, Field No. 2 - replace all fence, except overhangs 1 lot vo Girl Softball, Field No 3 - replace all fence, except overhangs and move existing gate from left field comer to right field corner. 1 lot 11 Girl Softball, Field N0. 4 - 1st and 3rd base sideline fence 1 lot (post as necessary) ,2 Girl Softball, Field No. 5. 1st and 3rd base sideline Fence i 10t (post as necessary) References: Name Phone Name Phone Name Phone NOTE: ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART, WHICHEVER IS IN THE BEST INTEREST OF THE CITY. GRAND TOTAL 05/10/2003 17:12 FAX 5122187028 CORR PURCHASING DELIVERY IN DAYS "By the signature hereon afl&cd, the bidder hereby cedirree met nether the bidder nor die entity represented by die bidder, or anyone nano for uch artery he violated the antitrust laws 011910 State. codified In Section 10.01 et seq.. Texas Business and Comm a:a Code, or the Federal 001111ust laws, nor communicated directly or indirectly, the bid made b any Comse eraxon odor person engaged In such ens Mousiness.- 003 BALLFIELD FENCING DATE: ar100005 2012 DATE: June 10, 2003 SUBJECT: City Council Meeting - June 26, 2003 ITEM: * 11.G.3. Consider a resolution authorizing the City Manager to issue a purchase order to Allied Fence Company for the purchase of fencing material and shade cloths for the baseball fields at Old Settlers Park at Palm Valley, Resource: Sharon Prete, Parks and Recreation Director History: Funding: Cost: Source of Funds: Outside Resources: Impact /Benefit: Public Comment: Sponsor: This purchase order is for the purchase of shade cloths for the Girls Softball and RR Youth Baseball fields. The City will also need to replace outdated and unsafe existing fences, as well as upgrade two OSE field overhangs for spectator protection. N/A Not to exceed $70,000.00 General Fund This will improve the safety of the player and spectators, providing protection from flying balls and additional shading. N/A Parks and Recreation Department